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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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This is the original version (as it was originally made).

Review, variation and consolidation of permits

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11.—(1) The regulator must review a permit before the end of the period of five years beginning with the date on which the permit was granted, and afterwards at intervals not exceeding five years.

(2) The regulator may, by giving notice to the operator, vary a permit at any time and may in particular make any variation of the permit that the regulator considers necessary in consequence of—

(a)a review under paragraph (1);

(b)any report made by the operator under Article 69 of the Monitoring and Reporting Regulation; or

(c)any notification as mentioned in paragraph 2(7)(b) of Schedule 4 (notification of planned changes in operation etc).

(3) The regulator may by giving notice to the operator vary a permit where the operator—

(a)applies to the regulator for such a variation pursuant to a provision of the permit; or

(b)has failed to comply with a requirement of the permit to apply for such a variation.

(4) The regulator may by giving notice to the operator vary a permit in order to comply with regulator’s duty under—

(a)regulation 88(6); or

(b)any of the following provisions of Schedule 5—

(i)paragraph 2(1);

(ii)paragraph 3(3);

(iii)paragraph 6(5) or (6);

(iv)paragraph 7(4)(b), (6)(b) or (7)(b);

(v)paragraph 8(6).

(5) A notice given under paragraph (2), (3)(b) or (4) may specify a period within which a fee for the variation of the permit must be paid.

(6) The regulator may by giving notice to the operator replace a permit with a consolidated permit applying to the same regulated activities, and containing the same or equivalent provisions, in the following circumstances—

(a)where the permit has been varied;

(b)where there is more than one permit applying to installations on the same site operated by the same operator.

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